Thai Law on Defaming Monarchy Effect on Free Expression

Ravina Shamsadani, Spokesperson for
the Office of the UN High Commissioner for Human Rights.
Photo: UN Multimedia

19 August 2014 –

The United
Nations rights office today expressed serious concern over
the prosecution and harsh sentencing of individuals in
Thailand under the country’s so called lèse majesté law
and its “chilling effects” on freedom of
expression.

In Geneva, Ravina Shamdasani, spokesperson for
the UN High Commissioner for Human Rights (OHCHR), said that since the 22 May coup, at
least 13 new lèse majesté cases have been opened for
investigation while others where charges had previously not
been laid, have been revived.

“Such measures are adding
to the larger pattern of increasing restrictions on freedom
of expression in Thailand,” she warned, adding that just
last week, two university students were arrested for
participating in a play in October 2013 that depicted a
fictional monarch who was manipulated by his advisor.

The
arrests followed a number of convictions and harsh sentences
in lèse majesté cases, including that of Plutnarin
Thanaboriboonsuk, who was also charged under the Computer
Crime Act in relation to messages he posted on Facebook. He
was sentenced on 31 July to 15 years in prison. That
sentence came less than two months after charges were laid
on 16 June, even though the investigation had remained
pending for more than two years.

In another case, on 14
August, Yuthasak Kangwanwongsakul, a taxi driver, was
sentenced to two years and six months in jail under the
lèse majesté laws for a conversation he had with a
passenger.

“We are concerned that more charges may be
filed and that more harsh sentences may be issued in the
coming weeks,” said Shamdasani.

In 2013, High
Commissioner for Human Rights Navi Pillay indicated her
support for amendments of Thailand’s lèse majesté law
under its section 112 of the Criminal Code to address
concerns related to the implementation of the law.

In
2011, the UN Special Rapporteur on the promotion and
protection of the right to freedom of expression and opinion
also urged the amendment, stating that section 112 was too
vague and prescribes long maximum sentences that are
contrary to permissible restrictions on freedom of
expression under the International Covenant on Civil and
Political Rights (ICCPR), which Thailand has
ratified.

“We reiterate our call to the military
administration to ensure its compliance with Thailand’s
obligations under international human rights law, especially
the ICCPR,” Shamdasani said.

“The threat of the use of
the lèse majesté laws adds to the chilling effects on
freedom of expression observed in Thailand after the coup,
and risks curbing critical debate on issues of public
interest.”

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